bill applies dig-safe rules to every buried line operator

The text as introduced · 1,135 words

89R2714 JDK-F

By: Gerdes
H.B. No. 1335

A BILL TO BE ENTITLED

AN ACT

relating to underground facility safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.002(13), Utilities Code, is amended

to read as follows:

(13) "Underground facility" means a line, cable,

pipeline system, conduit, or structure that is located partially or

totally underground and that is used to produce, store, convey,

transmit, or distribute :

(A) any form of telecommunications service,

including voice, data, video, or optical transmissions or cable

television service;

(B) electrical energy;

(C) natural or synthetic [ , electricity, ] gas ;

(D) petroleum or petroleum products;

(E) [ , ] water ;

(F) slurry;

(G) [ , ] sewage ;

(H) [ , ] steam ; [ , ] or

(I) any other material or liquids such as

[ petroleum, petroleum products, or ] hazardous liquids.

SECTION 2. Section 251.009, Utilities Code, is amended to

read as follows:

Sec. 251.009. PROVISION OF GENERAL INFORMATION. At least

once each calendar year, at intervals not exceeding 15 months, each

[ Class A underground facility ] operator who conveys, transmits, or

distributes by means of its underground facilities service

[ directly to more than one million residential customers ] within

this state shall provide all of its residential customers in this

state general information about excavation activities covered by

this chapter and the statewide toll-free telephone number

established by the corporation.

SECTION 3. Section 251.060, Utilities Code, is amended to

read as follows:

Sec. 251.060. DUTIES OF CORPORATION. The corporation

shall develop and implement processes to:

(1) maintain a registration of [ :

[ (A) ] notification centers as provided by Section

251.101(a)(3);

[ (B) operators who elect to convert facilities to

Class A facilities under Section 251.005(a); or

[ (C) operators who elect to become Class A

underground facility operators under Section 251.005(b); ]

(2) establish minimum technical standards used by

notification centers;

(3) establish a statewide toll-free telephone number

to be used by excavators that incorporates the use of a call router

system that routes calls to the notification centers on a pro rata

basis;

(4) oversee the bid process and select the vendor for

the statewide toll-free telephone number;

(5) oversee the bid process and select the vendor for

the call router system;

(6) determine before May 1 of each year the

cost-sharing between the notification centers of:

(A) the toll-free telephone number; and

(B) the call router system prescribed by Section

251.102(4);

(7) develop public service announcements to educate

the public about statewide one-call notification and its

availability;

(8) establish a format for information transfer among

notification centers other than high speed data transmission, if

appropriate;

(9) on a complaint concerning charges, investigate and

determine appropriate charges;

(10) recommend a civil penalty against a notification

center that does not meet the requirements of this chapter of not

less than $1,000 or more than $5,000 for each violation;

(11) refer the recommended penalty to the attorney

general, who shall institute a suit in a court of competent

jurisdiction to recover the penalty;

(12) assist in dispute resolution among notification

centers or between a notification center and an operator;

(13) assist any operator who encounters difficulty in

joining a notification center; and

(14) review and study design standards for the

placement of underground facilities throughout this state.

SECTION 4. Section 251.062(b), Utilities Code, is amended

to read as follows:

(b) Before January 15 of each year, each [ a Class A

facility ] operator shall pay to the corporation a fee of $50 for

services to be performed by the corporation during that calendar

year. A fee for a part of a year may not be prorated.

SECTION 5. Section 251.105(b), Utilities Code, is amended

to read as follows:

(b) The notification center shall charge an [ a Class A

underground facility ] operator not more than $1.25 for a call made

to the system that affects the operator. The board may increase or

decrease the maximum charge only on an affirmative vote of at least

two-thirds of the total number of votes entitled to be cast. A

notification center may petition the corporation for an increase in

the maximum charge and is entitled to the increase on proof that

costs exceed the maximum charge.

SECTION 6. Sections 251.107(a) and (b), Utilities Code, are

amended to read as follows:

(a) Each operator [ of a Class A underground facility ],

including a political subdivision of this state, shall participate

in a notification center as a condition of doing business in this

state.

(b) Each operator [ of a Class A underground facility ] shall

provide to the notification center:

(1) maps or grid locations or other identifiers

determined by the operator indicating the location of the

operator's underground facilities;

(2) the name and telephone number of a contact person

or persons; and

(3) at least quarterly but, if possible, as those

changes occur, information relating to each change in the

operator's maps or grid locations or other identifiers or in the

person or persons designated as the operator's contact person or

persons.

SECTION 7. Section 251.157(a), Utilities Code, is amended

to read as follows:

(a) Each [ Class A underground facility ] operator contacted

by the notification system shall mark the approximate location of

its underground facilities at or near the site of the proposed

excavation if the operator believes that marking the location is

necessary. The operator shall mark the location not later than:

(1) the 48th hour after the time the excavator gives to

the notification system notice of intent to excavate, excluding

Saturdays, Sundays, and legal holidays;

(2) 11:59 a.m. on the Tuesday following a Saturday

notification unless the intervening Monday is a holiday;

(3) 11:59 a.m. on the Wednesday following a Saturday

notification if the intervening Monday is a holiday; or

(4) a time agreed to by the operator and the excavator.

SECTION 8. Section 251.159(a), Utilities Code, is amended

to read as follows:

(a) If an excavation operation results in damage to an

underground facility, the excavator shall immediately contact the

[ underground facility ] operator of the facility to report the

damage.

SECTION 9. Section 251.203(a), Utilities Code, is amended

to read as follows:

(a) A person commits an offense if:

(1) the person without authorization from the owner or

operator of the facility intentionally removes, damages, or

conceals a marker or sign giving information about the location of

an [ a Class A ] underground facility; and

(2) the marker or sign gives notice of the penalty for

intentional removal, damage, or concealment of the marker or sign.

SECTION 10. The following provisions of the Utilities Code

are repealed:

(1) Sections 251.002(1) and (2); and

(2) Section 251.005.

SECTION 11. This Act takes effect September 1, 2025.